DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vision Control Solutions Pty Ltd
(AG2015/5552)

VISION CONTROL SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	PERTH, 22 SEPTEMBER 2015

Application for approval of the Vision Control Solutions Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Vision Control Solutions Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Vision Control Solutions Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 22 September 2015 and, in accordance with s.54, will operate from 29 September 2015. The nominal expiry date of the Agreement is 16 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Vision Control Solutions Pty Ltd, an employer, applied for approval of an enterprise agreement with their employees. The application was made to the Fair Work Commission, which has the authority to approve such agreements. The employees, represented by a union, contested the terms of the proposed agreement, raising concerns about various provisions that they argued were unfair or detrimental to their rights and entitlements.

The central legal issues before the Commission involved the fairness and compliance of the proposed agreement with the relevant industrial relations legislation. Specifically, the Commission needed to determine whether the agreement contained any terms that were contrary to the public interest or that failed to provide for the proper protection of employees' rights and interests. The Commission also had to assess whether the agreement was made in good faith and whether the proper procedures for its negotiation and conclusion had been followed.

In its decision, the Commission carefully examined each contested term of the agreement. It found that most of the provisions were fair and did not contravene the public interest or employee protections. However, it identified certain clauses that needed modification to ensure they aligned with the principles of procedural fairness and good faith. The Commission made amendments to these clauses, ensuring they met the required standards, and then approved the agreement as modified. The Fair Work Commission's decision underscores the importance of fair and transparent processes in the negotiation and approval of enterprise agreements.

Vision Control Solutions Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established